FEBRUARY 12, 2018

The Okanogan County Board of Commissioners met in regular session on February 12, 2018, with Chairman Commissioner Jim DeTro, Commissioner Chris Branch, Commissioner Andy Hover, and Laleña Johns, Clerk of the Board, present.

Commissioners convened the board at 9:00 a.m.

Review Commissioners Agenda & Consent Agenda
Commissioner Hover explained the Fair Advisory committee was informed at their last meeting about the rental fee increase from $5,000 to $9,000 per day for lease of the fairgrounds. It amounts to $45,000 for five days and is all inclusive including costs like personnel, security, and rent would be covered.

Legislative Update Call – Zack Kennedy Jim Potts
Mr. Kennedy called in and discussed the legislative news. He explained some items of interest regarding SHB2276 wildlife transfers and SHB 2271 wolf translocation. (attached) He asked the commissioners if there was something specific to focus on. Mr. Kennedy believes that things will really heat up in the end right before cutoff.

Motion Contract Amendment
Commissioner Hover moved to allow the chairman to sign the amendment to the PEBB contract K2146-01 regarding Health Care Authority for AFME union group. Motion was seconded, all were in favor, motion carried.

Briefing Among Commissioners–Discuss Individual Weekly Meetings & Schedule
Commissioners briefed each other on their schedule.

Discussion – Courthouse Energy Project – Kurt Lundgren, Kirsten Wilson
Kurt Lundgren, Ameresco; Kirsten Wilson DES; Joe Poulin, Okanogan Maintenance

The contract is not over until final completion of energy savings. End of October November saving will be verified. The goal is to identify any missed savings and Ameresco would pay us the difference. The total project buildout was $1.4 million over budget and the county did not have to pay

Mr. Lundgren provided the closeout documents. The O&M manuals were provided to Joe Poulin. Digital versions were provided two copies of the manual, two volumes of O&M for all trades. All product info, as built drawings and plans were provided both in paper and digital form.

The commission reports have a lot of information to refer to.

The project closeout summary was read, by Mr. Lundgren. The summary included the upgraded work that was performed.

The extraction well has plenty of water available for adding buildings to the system. The Jail originally had the heat pump locations but now moved into the building but it did take up more space. The HVAC had extra charges but Ameresco was able to receive a grant to cover most of those. The wood windows were very costly too.

There were a handful of change orders related to the HVAC and windows, the rest were for contingencies. The final PUD incentives estimated at $128,000 value, he spoke to Greg Sarton EPA who is above the Ok PUD, and he indicated they complete their analysis one year after it is completed and they base the incentive on the savings and compare it to the 2012 period. Mr. Lundgren will facilitate that. Rob Wiley will be in contact with us for M&V in October.

The Ameresco energy savings guarantee estimated energy costs increase in electrical consumption in the courthouse with estimate of $38,000 in fuel oil cost savings. Ameresco goes with 90% of energy estimates. Additional lighting fixtures were replaced with energy efficient upgrades.

Mr. Lundgren discussed the performance of the system will be greater than estimated as the windows have increased U value.

Ms. Wilson explained the project was first proposed under an Executive order by state and reviewed by DAHP and DAHP insisted we replace the wood clade windows with wood clade windows not the vinyl. DAHP provided a grant to help the difference between the costs, then through in the seismic clock tower stabilization. They believed it was necessary.

Section III provide the completion dates of each measure. It also includes the letter of substantial completion.

Mr. Lundgren listed items that should be fixed with a lot in the Jail. There is duct work that do not have good access, but dampers appear and coils need to be cleaned. There is pneumatic controls to the dampers and those are limiting the lower end levels, and about 10 out of the 40 boxes that have leaking diaphragms but do not affect the system performance. He wouldn’t mind adjusting those at a later date. He doesn’t mind helping out with those. It would be good to have some on the shelf.

Mr. Lundgren went through the transmittal files. He said it will run in automatic mode until something goes wrong. The ATS contract will include maintenance and has some inherent benefits and would not be a bad idea to ensure it has the proper maintenance.

Mr. Lundgren explained that all forms are included, all set points have been noted for heating and cooling, every sequence of operation is written out in detail and includes information for future.

Commissioner DeTro left at 11:45 to attend the Hort Meeting.
Commissioner DeTro returned from the Hort meeting at 1:40 p.m.

Update Planning – Perry Huston

Marijuana Advisory Committee
Kelsie, Jeremy Moberg, Mr. Gray

Director Huston explained the marijuana advisory committee is here to introduce to the commissioner the draft 17A.290 regarding Cannabis Operations. The hearing is to consider the moratorium as it expires March 5.

The options are:
Repeal moratorium-adopt interim controls, transmit to PC for review & recommendation; extend moratorium-transmit to PC for review and recommendation; extend moratorium-remand to CAC for further work; or repeal moratorium –operate under existing regulation. The memo will be updated with these observations. The code enforcement section may well have taken care of the issues previously testified to.

Director Huston explained the vesting issues and measurable impacts. The idea was to present the recommendation and the commissioners review in preparation of the hearing.

Mr. Gray recommended the county consider a code enforcement officer for the county. Mr. Moberg said that was one of the first things the group discussed as needing to be addressed. All the team can do is recommend language for the code. The contentious history of a proposed code enforcement officer was discussed where the opposition was expressed especially in District #1. Commissioner Branch said in District #1, marijuana has been produced illegally for many years which likely one concern was regarding a code enforcement officer at the time. Another issue to be addressed is the lack of compliance enforcement of building and health codes over many years; it would generate code violations everywhere. Commissioner Branch said anyone labeled as a code enforcement officer should be paid as much as a judge because of the risk they take on. We have planning and building departments but it is a enforcement is a challenging subject. We must have a level playing field for marijuana production and processing rules which takes enforcement. Commissioner DeTro explained the state code enforcement officer is spread thin. Director Huston replied that the state code enforcement officer is more involved with the county’s permit review and offers comments.

Member of the public Isabelle Spohn, arrived at 2:00 to take notes on her computer.

Commissioner DeTro asked Mr. Moberg about the distance allowed between 502 growers and industrial hemp when operations are close to the reservation where the potential exists for industrial hemp grows. Mr. Moberg explained that they talked about this and went into great detail regarding the incompatibility of the crops suggesting that cross pollination can come from a very long ways away. Director Huston stated it is accurate. The discussion among the advisory committee member about the two, was that industrial hemp would generate the same kinds of impacts as the 502 operations. Mr. Moberg said the native tribes are signing compacts with the feds to allow this and may be dealt with that way. He explained some compacts that allow access to the retail markets.

Commissioner Hover would like to see a map of the locations of the proposed permitted operators. Director Huston said the high density areas have not been identified it is not an overlay, they created the definitions. Mr. Moberg mentioned that there is a recent decision in Kittitas that sided with the county against LCB regarding zoned areas. LCB has taken the position they should not be issuing new licenses in those areas that have local regulation.

Mr. Moberg explained a different dispersion of money is something to be addressed for counties that do not have much retail space and who are more impacted by producers and processors.

Commissioner DeTro asked about a rumor that the recreation and medical community doesn’t see eye to eye. Can the retail businesses sell medical product too? Yes, the retail businesses can sell both. Mr. Moberg explained laws were created for medically certified products. Commissioner Branch asked about the Kittitas County issue, he believed it was a growth management issue there. The Director explained there would be some question as to whether or not it could be applied to us.

Commissioner DeTro suggested that the industry work toward policing itself and explained how the ATV clubs have worked with the county to help enforce the rules provide signage, and develop the local laws.

Motion Authorize the Chairman to Sign
Commissioner Hover moved to allow the chairman to sign the WA St. Enterprise Services Energy Project Completion Notice for our Courthouse Energy Project. Motion was seconded, all were in favor, motion carried.

Comp Plan
Commissioners discussed water issues, local process, WRIA 48 & 49 and language to consider adopting in the interim. Commissioner Branch said he doesn’t wish to be the Guinea pig. The board discussed how to address public health and safety such as Critical Areas Ordinance, flood management, SMP, and Wildfire.

Mt. Hull Restoration Project
The commissioners discussed the decommissioning of roads and how it might affect/restrict how logging can be done, and affect public access. Commissioner Branch acknowledged the concerns expressed in comments by the industry including the extension of log skids to the loader/truck which compromises the profit margins.

Director Huston provided the application status report to the board on permitting.

Executive Session – RCW 42.30.110 (1)(g)
Commissioner Hover moved to go into executive session at 4:02 p.m. for 20 minutes inviting Tanya Craig, risk manager, to discuss the performance of a public employee. Motion was seconded, all were in favor, motion carried.

Executive Session ended at 4:20 pm no decisions were made.

Commissioner Hover left at 4:20 due to personal things he had to attend to.

Review Meeting Minutes

The board adjourned at 5:00 p.m.